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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Bullied student gets $260,000 from families of bullies and school district

Posted on July 26, 2009
The Bakersfield Californian, reports that a high school student, who was physically assaulted by five older students, has settled his suit against the school district, the students who committed the assault and two other students for $260,000. The case illustrates...

The doctrine of the exhaustion of administrative remedy

Posted on July 25, 2009
Matter of Mirenberg v Lynbrook Union Free School Dist. Bd. of Educ., 2009 NY Slip Op 05138, decided on June 16, 2009, Appellate Division, Second Department In this decision the Appellate Division set out a synopsis of the doctrine of...

Immigration, Rehiring, NLRB.

Posted on July 24, 2009
NLRB v. C&C Roofing Supply, Inc., ___F.3d___(9th Cir., June 25, 2009), is an interesting decision. The Ninth Circuit ruled that an employer was required to comply with a settlement agreement providing for the payment of liquidated damages to 20 fired...

FLSA Min. Wage Increased To $7.25

Posted on July 24, 2009
The federal minimum wage rate will increase effective today, July 24, 2009 to 7.25 per hour from 6.55 per hour. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to...

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NYC Fire Department Test Is Discriminatory

Posted on July 23, 2009
Judge Finds Racial Bias in Recruiting By Fire Department is an interesting July 22, 2009 New York Times article. The article does not provide many details, but it appears to be reporting on a lower court decision which found that...

Reasons NOT To Go To Law School

Posted on July 23, 2009
H. Luiz Presents posted an interesting story entitled Top 8 Reasons Not To Go To Law School. They are: 1. FINANCIAL SUICIDE 2. IF YOU?RE A CREATIVE PERSON, FORGET IT 3. THE ?BREAKUP? RATE IS NEARLY 80% 4. THE BAR...

Bill Outlawing Union Salting Proposed

Posted on July 22, 2009
Legislation amending the National Labor Relations Act to allow employers to discharge undercover union organizers, commonly referred to as ?salts,? was introduced in the House and Senate on June 10. Called the Truth in Employment Act (H.R. 2808/S. 1227), the...

Non-Lawyers Judging Supreme Court Nominee

Posted on July 22, 2009
I have always been puzzled by the fact that members of the Senate Judicary Committee, who review on Supreme Court and lower court appointments, do not have to be lawyers. Its not like there is a shortage of lawyers in...

Another Employer Association Supports Employee Free Choice Act

Posted on July 22, 2009
The International Council of Employers, a group of more than 10,000 masonry contractors, announced its support of the Employee Free Choice Act. The group joins more than 1,000 businesses around the country that have endorsed the bill to restore the...

3rdCir: Employees with mere oversight duties not ?management level? For Discrimination Law Purposes

Posted on July 21, 2009
Huston v Procter & Gamble Paper Prods Corp, ___F.3d___(3d Cir. June 9, 2009), is an important case. The 3rd held that two team leaders who oversaw the production line work at a paper manufacturing plant did not qualify as ?management...

School Districts Have The Authority To Require That Employees Undergo Medical Examination

Posted on July 21, 2009
Under Education Law Sec. 913, school districts have the authority to require that school district employees undergo a medical education. Matter of Appeal of D.R., Decision No. 15, 885 (March 2, 2009)is a recent decision of the Commissioner of Education...

8thCir: ?Correction Notice? issued after EEOC charge not unlawful reprisal

Posted on July 21, 2009
Littleton v Pilot Travel Ctrs, LLC, ___F.3d___(8th Cir. June 4, 2009), is an interesting case. Th 8th holds that an employer did not unlawfully retaliate against an employee in violation of Title VII and Arkansas law when, seven months after...

Overtime Under New York Law Which Is Broader Than Federal Law

Posted on July 21, 2009
New York's Reduced Overtime Provision is an excellent New York Law Journal article dated July 21, 2009 (registration required). It is about a little known state law which provides more overtime protection to employees than under the FLSA. The Miscellaneous...

Rare DFR Win For Plaintiffs

Posted on July 20, 2009
Addington v. U.S. Airline Pilots, ___F.Supp 2d___(D. Az. July 17, 2009), Download Findings_of_Fact_and_Conclusions_of_Law[1]is an important DFR case to be aware of. We had previously reported on an earlier decision denying a motion to dismiss. The case went to a jury...

Federal Judge Sentenced To Jail

Posted on July 20, 2009
Judges, even federal Judges, are not above the law. U.S. District Court Judge Kent was sentenced to 33 months in jail. After he was impeached, he resigned. A NY Law Journal story is available here. The Judge plead guilty to...

Public Employee and Individual Liability Under FMLA

Posted on July 20, 2009
Barnes v. LaPorte County, ___F.Supp.2d___ 2008 WL 111019 (N.D. Ind. 2008), is an interesting case. In a case of first impression, the court held that a public employee who acted directly or indirectly in the interest of an employer satisfied...

Certain information contained in personnel records may be redacted in complying with a Freedom of Information request

Posted on July 19, 2009
Matter of Capital Newspapers Div. of Hearst Corp. v City of Albany, 2009 NY Slip Op 04789, Decided on June 11, 2009, Appellate Division, Third Department The Albany Times Union [TU] reporter filed two requests under the Freedom of Information...

Employee Free Choice Act Compromise In The Works??

Posted on July 18, 2009
On July 16, 2009, Steven Greenhouse of the New York Times reported that a compromise on the Employee Free Choice Act is in the works, here. As I predicated, the card check provision of the Bill is being eliminated and...

Live Blog Coverage of Confirmation Hearing

Posted on July 17, 2009
SCOTUS Blog has live blog coverage of Judge Sonia Sotomayor confirmation hearing, here. Some of the comments made may be of interest to readers. Mitchell H. Rubinstein

AllLaw.Com Legal Portal

Posted on July 17, 2009
There is another blog legal portal in town. alllaw.com It is a commercial cites which includes hundreds of links to caselaw, legal forms, and lawyers. They also have a type of subject matter overview of the law.That overview is too...

Article On Alcoholics, Convicts, Drug Addicts In The Workplace

Posted on July 16, 2009
Law Relating To Alcoholics, Convicts, Drug Addicts In The WorkplaceDownload Alcoholics-convicts-drug-addicts-in-the-workplace is an interesting May 19, 2009 New York Law Journal article by Louis Pechman. The article, written by a New York attorney, does a nice job summarizing New York...

Ambigious Unit Stipulations

Posted on July 16, 2009
Regional Emergency Medical Services, 354 NLRB No. 20 (May 21, 2009), deals with an important principal of labor law. How should the Board deal with a situation where it is unclear whether an employee should be included within a stipulated...

Bipartisan Civil Rights Tax Relief Act Is Reintroduced

Posted on July 15, 2009
he Civil Rights Tax Relief Act (CRTRA), HR.3035/S.1360, a bill that would exclude compensatory damages in employment and civil rights cases from the definition of gross income for income tax purposes, has been reintroduced in the House and Senate. The...

Cravath, a Top Law Firm, to Pay

Posted on July 15, 2009
Cravath, a Top Law Firm, to Pay New Hires to Delay Startis is an interesting June 12, 2009 article from the N.Y. Times. It reports that Cravath is willing to pay associates $80,000 to delay there start year for a...

Minimum Wage To Increase To $7.25 effective July 24, 2009

Posted on July 15, 2009
Employers beware. The federal minimum wage increases from $6.55 to $7.25 per hour effective July 24, 2009. Hat Tip: Juz The Fax MItchell H. Rubinstein

Co-worker with different supervisor is appropriate comparator under Title VII

Posted on July 14, 2009
Lee v Kansas City S Ry Co, ___F.3d___(5th Cir. June 30, 2009), is an important decision to be aware of. The 5th held that a white coworker was an appropriate comparator to a discharged African-American train engineer even though they...

7thCir: No ADA claim for physician fired for making threats of physical violence

Posted on July 14, 2009
Sometimes you just cannot make these cases up. Bodenstab v Cook County, ___F.3d___(7th Cir. June 22, 2009), is one such case. The 7th held that a hospital did not violate the ADA when it discharged an anesthesiologist who allegedly threatened...

6th Holds Cost-Splitting Requirement In Employment Unenforceable.

Posted on July 14, 2009
Mazera v. Varsity Ford, ___F.3d___(6th Cir. May 19, 2009), is a major employment arbitration decision. The plaintiff attempted to bring a race discrimination case and the employer moved to compel arbitration based upon a provision in the Employee Handbook...

Rostron & Allen: Information for Submitting Articles to Law Reviews & Journals

Posted on July 14, 2009
Allen Rostron and Nancy Levit have submitted "Information for Submitting Articles to Law Reviews & Journals" to the Social Science Research Network. Here is the abstract: This document contains information about submitting articles to law reviews and journals, including the...

Live Coverage of Confirmation Hearings For Sonia Sotomayor

Posted on July 13, 2009
The Senate Confirmation Hearings start today for Judge Sonia Sotomayor. For those with time, confirmation hearings are very interesting to watch. Live TV coverage is not being carried by the major networks. However, gavel to gavel coverage is available over...

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